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(영문) 광주지방법원 2021.02.17 2020고단6236

감염병의예방및관리에관한법률위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall violate measures to restrict or prohibit performances, assemblies, religious rites, or other gatherings of people to prevent infectious diseases by the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu.

On September 20, 2020, the Gwangju Metropolitan City Mayor issued a collective restriction order that prohibits business operations from 01:00 to 05:00 with respect to entertainment stations, etc. by extending the two stages of social distance2 from September 21, 2020 to September 27, 2020, in order to block the prevention and spread of infections in coaches or 19 regions.

Nevertheless, the defendant, around 02:10 on September 27, 2020, operated the business of providing alcoholic beverages and alcoholic beverages to 7 customers at the "C main points in Gwangju Mine-gu B and 3, Gwangju, and violated the collective prohibition administrative order of the Gwangju Metropolitan City Mayor.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of accusation, report on detection, business permit, photographs, and Acts and subordinate statutes on the scene of detection;

1. Subparagraph 7 of Article 80 and Article 49 (1) 2 of the Infectious Disease Control and Prevention Act against a crime under the relevant Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;